Rapist, Sex Offender Gets OK To Practice As Florida MD

FT. LAUDERDALE (CBSMiami.com) – Would you want a convicted rapist as your doctor? In Florida, that’s apparently OK, according the the Florida Board of Medicine, which voted Friday to allow a doctor who raped a co-worker to return to medical practice. The board decided  being a rapist had nothing to do with being a good doctor.

The board, meeting in Ft. Lauderdale, made the decision in the case of Tampa doctor Mark Seldes a former Air Force flight surgeon who was serving in South Korea when he was accused of raping a civilian co-worker. He was convicted in a military court-martial in 2008,  served 3 years in prison, and was dismissed from the service for rape and adultery. He was also forced to be registered as a sex offender, and appears in the Florida Sex Offender Registry.

Dr. Seldes could have been sentenced to life in prison.

An account of the case in the military newspaper Stars and Stripes said the rape victim was asleep, under medication, at the time the assault occurred. His attorney claimed the assault was not violent, and that the two had a previous sexual relationship. The Stars and Stripes said the two had been together for a week and not had a full sexual experience before the rape.

In addition to being a rapist, the assault happened as Seldes was cheating on his wife in an affair with his victim.

In his court martial, his military lawyer asked the jury to consider the fact he had long service with the military, and the fact he was “losing his medical career.”

Apparently, the State of Florida sees things differently.

No longer in the military, Dr. Seldes wanted Florida to allow him to resume that career and practice medicine in the state, despite the rape conviction.

“He was a man who made a terrible mistake to engage in a relationship with an individual who was not his wife, and has destroyed his career and has certainly brought dire consequences on his marriage,” Attorney Kenneth Haber said.

“Anytime the word rape is used, it rises to a level that gives me great concern, and I’m unwilling to say that this doctor should keep practicing in Florida,” said Don Mullins, a consumer member of the board.”

But one of the physicians on the panel strongly disagreed.

“I take a different view,” Dr. Zach Zachariah said. “In my personal opinion, he has paid his penance.

In the end, the board voted 7-3 to allow Seldes to practice, so long as he completes 300 hours of community service, remains in a monitoring program for troubled physicians, and works in a government facility.

The state agreed not to put him on formal probation, after Seldes argued  that probation might make it hard for him to get a job in the future.

Seldes’ wife looked on as the panel allowed her husband to resume his life as a doctor. It was not known if his victim was present at the hearing..

More from CBS4 Investigates
Comments

One Comment

  1. abootnkiki says:

    what!!!!!

  2. Casey Gomez says:

    I wouldn’t be this doctor’s patient…even if they paid me. As a requirement, he must be supervised each time he is with a patient..si I guess.

    1. carol says:

      all male doctors are required by law to have someone in the room with him if he is performing procedures such as pelvic exams, and breast exams. Personally, if he is a good doctor, i wouldnt care about his past. But im in my 40s, and not really someone that men see as “sex material”..those days are long gone LOL.

      but thats just me.

  3. Casey Gomez says:

    Ooops…so I guess..I meant.

  4. Furious says:

    This is not only dangerous, but unethical and unacceptable. Isn’t it against the Hippocratic oath as well? It especially doesn’t make sense, considering that his victim was asleep and medicated at the time of the assault. Why is the state allowing him to be in a similar situation again?

    1. Pat says:

      Fl. doctors don’t take the Hippocratic Oath.

  5. Paulie Walnuts says:

    It ain’t called Floriduha for nothing!

  6. observerfromupnorth says:

    Another mark against Florida as a whole, when we allow persons such as this to hold such a personal confidential position such as this we deserve anything other states throw at us I am appalled by this vote, I just hope some young lady or young boy is not a victim of this pervert before he is through

  7. katy says:

    This has t be the craziest thing i have heard since Casey Anthony’s lies…it is not that he was adulterer b ut he is a convicted felon

  8. nunya says:

    You ignorant, insensitive people! Do YOU know the particulars of this man’s case? No. He COULD have had a consensual relationship with this woman that ended in her getting scared because he’s married. He COULD have told her he was going to leave his wife and she got mad when he didn’t. He COULD have forcibly raped her. You simply don’t know. I’m surprised you people didn’t automatically think “child molester” when you heard the term “sex offender”. Why don’t you use your own minds instead of letting the media and false reports tell you what you should think? 5.3% is the recidivism rate of sex offenders – the LOWEST OF ANY CRIME. If you really wanted to do something about the “sex offender problem”, you would give them jobs instead of making them homeless and take away the residency restrictions. http://www.cfcamerica.org

    1. Chet says:

      HE LIED TO THE WOMAN TO GET WHAT HE WANTED & CHEATED ON HIS WIFE TO BOOT SO THAT STILL MAKES HIM A LOW LIFE CREEP !!

    2. Sally says:

      I don’t want him to be MY doctor, or anybodies until the vulnerable consumer has the truth. your right we don’t know and until we do he should not practice. Whter he had a relationship beforehand is not the point, he had sex with a sleeping, medicated woman without her consent..it appears. Until its cleared up, until we know he is safe to practice he should NOT practice. Anyone want to send your daughters to him?

    3. Pat says:

      Sex offenders have a 95% rate of redoing the crime, not 5%, The sex offender problem is a big problem in Fl. I guess the board that says rape of a woman is ok in Fl., is becuse they believe it is okay.

    4. cris says:

      This man had sex with a woman who was asleep and under the influence of medication; in Florida, that is a rape. the fact that he didn’t punch or beat her does not mean it is not violent. Regardless of their sexual past, he did not legally obtain consent from her, because a person under the influence cannot consent for sex.

  9. Califlander says:

    nunya

    The doctor “could” have done a lot of things … but a jury of his military peers concluded, beyond a reasonable doubt, that what he actually *did* do was to commit an act of sexual intercourse, by force and without the consent of his victim, in violation of Article 120 of the Uniform Code of Military Justice. His conviction was appealed to a military appellate court, which affirmed the conviction, and to a court comprised of civilian judges — who also saw no reason to reverse the jury’s verdict.

    I’d say the guy’s guilty. What makes you think he’s not?

  10. yokolee says:

    Only in FLORIDA!

  11. MM says:

    This is amazing. My friend made a mistake, she kited a check. She never took money, she made sure the money was put in the bank within a few days. There was no restitution because she didn’t take any money. Yes, it was wrong but now she has been denied her renewal of her nursing license. She is an excellent nurse and she can’t work any more and this doctor can. The same board who gave this doctor his license back denied my friend hers! For kiting a check…not rape. It just goes to show if you have the money to hire an attorney (which she doesn’t now because she can’t work as a nurse with a 3rd degree felony or anywhere else for that matter) you can get off even with rape! Wow. They need to give my friend her license back so she can do what she was meant to do! Take care of special needs kids.

  12. Pat says:

    No one says if he’s a pediatrician or a gynecologist. Probably an internist.

  13. dick says:

    Leave it to the MD’s to have each other’s backs! These guys are tighter than Marines! I wonder who paid for this decision? Probably big Pharmaceuticals! They have pills for that, don’t they? The B,F. take care of the Docs and the Docs take care of B,F, Happy, Happy! I suggest you don’t bring your wife in… Or your child….
    Maybe a HO! Everybody be happy!

  14. mke says:

    Hmmm, let’s see, should we allow a convicted rapist to be in contact with patients he could sedate and take advantage of from now on until he is caught doing it again? There is nothing worse than a bleeding heart liberal to make decisions that affect the rest of manknd while he/she think they did something noble.

  15. Ben Dover says:

    Welcome to Florida.

  16. Michele says:

    Once again Florida proves it should be separated from these United States…SMH! This is an OUTRAGE! The Florida Board of Medicine stated that being a RAPIST has nothing to do with being a DOCTOR…The Hippocratic Oath to “…never do harm…”

Leave a Reply

Fill in your details below or click an icon to log in:

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

More From CBS Miami

Fired Up For The #FinsOn4
Weather Forecast 24/7

Listen Live